2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Drivers may not have to expect a driving ban if they risk losing their job as a result. According to a ruling by the Bamberg Higher Regional Court, the penalty can also be converted into a fine.
If you drive too close, you have to expect a driving ban. However, if the temporary loss of your driving license threatens to result in termination at work, the driving ban can, under certain circumstances, be converted into a higher fine. It is sufficient for the employer to threaten termination in writing, the Higher Regional Court (OLG) Bamberg ruled (Az.: 3 Ss OWi 2/2011). The ADAC refers to the judgment.
Employer threatened with dismissal
In the negotiated case, a sales representative maintained an insufficient safety distance from the vehicle in front. The district court then sentenced him to a fine of 240 euros and a month's driving ban. To avert this, the person concerned had submitted a letter from his employer, in which he threatened to dismiss if he was not allowed to drive for a month. The district court found the letter to be insufficient.
The OLG judges saw it differently: In principle, employer letters were sufficient to prove a threat to the existence of the company. If the district court had any doubts about the credibility of the certificate, it should have questioned the employer personally. (dpa)
